Foreclosure Defense: Most Common Question: Domestic Financial Terrorism

Posted on September 14, 2008 by Neil Garfield

“THE EFFECT ON THE NATION, AND THE EFFECT ON THE NUMBER OF AMERICANS DIRECTLY AND PROFOUNDLY IMPACTED BY THIS FRAUD EXCEEDS THE REACH OF OSAMA BIN LADEN. THE PATRIOTIC THING TO DO IS TO CHALLENGE THE LENDERS, CHALLENGE THE TRUSTEES, CHALLENGE THE COURTS, CHALLENGE THE SHERIFF, CHALLENGE THE TITLE, CHALLENGE THE NOTE, CHALLENGE THE NOTE, FIRING THE AMMUNITION WE HAVE FROM WHEREEVER WE ARE AND NOT NECESSARILY FOLLOWING THE “RULES” (GUERILLA STYLE THE WAY WE DID IN THE REVOLUTIONARY WAR) BECAUSE MAKE NO MISTAKE ABOUT IT, IF THE FINANCIAL SERVICES INDUSTRY SUCCEEDS IN LEAVING BORROWERS HOLDING THE BAG, THE COUNTRY WILL BE TAKEN DOWN MORE NOTCHES THAN IT CAN RECOVER FROM.

THE PATRIOTIC RESPONSE, THE AMERICAN RESPONSE, IS TO BEAT THEM BACK INTO SUBMISSION USING THE EMPOWERMENT OF NUMBERS, THE USE OF CURRENT LAWS AND COMMMON LAW REGARDING THE DUTIES OF “LENDERS”, MORTGAGE BROKERS, TITLE AGENTS, TRUSTEES, LOAN ORIGINATORS, APPRAISERS, THE COURT SYSTEM, THE EXISTING RULES OF EVIDENCE, THE EXISTING RULES OF PROCEDURE, AND THE EXISTING SUBSTANTIVE LAWS GOVERNING THE TRANSFERS OF INTERESSTS IN REAL PROPERTY, THE CREATION AND TRANSFER OF NEGOTIABLE INSTRUMENTS, THE CREATION AND TRANSFER OF SECURITIES, LAWS OF USURY, FRAUD, AND DECEPTIVE BUSINESS AND LENDING PRACTICES. IT’S ALL THERE – USE IT!!!

THE PLAIN FACT IS THAT NON-JUDICIAL FORCLOSURE WAS MEANT FOR UNCONTESTED FORECLOSURES. YOU ARE ENTITLED TO A TRIAL, TO BE HEARD ON THE MERITS, AND YOU ARE ENTITLED TO TRIAL BY JURY. BUT IN NON-JUDICIAL STATES THE BURDEN IS ON YOU TO FILE FOR A TEMPROARY RESTRAIING ORDER AND A LAWSUIT, COPIES OF WHICH ARE ON THE FORMS PAGE OF THE BLOG.

Each state and sometimes each judicial circuit within a state vary, so take this as general information that MUST be checked with local licensed competent counse. By competent counsel I mean someone willing to do a little research after reviewing my answer. Bring or send a copy to him/her.

  • THERE ARE NO GUARANTEES OF SUCCESS HERE, BUT FROM REPORTS WE HAVE RECEIVED, THE STRATEGIES EMPLOYED BY PEOPLE INVENTED ON THE SPOT OR TAKEN FROM THIS BLOG OR OTHER RESOURCES HAVE WORKED VIRTUALLY ALL THE TIME.
  • Neither the sheriff nor anyone else in government actually wants your property vacated.
  • Yet government is being used as a bludgeon against American homeowners resulting in the bailout (payment) of everyone in the process EXCEPT the borrower, despite a dominant method of “lender” operations that included intentional deceit,  theft, and tricking the homeowner into becoming the issuer in a vast securities scheme by which individuals and financial services industries reported huge profits that increased their stock prices by multiples varying from 12 to 20.
  • On the way down they get to write off the lossses at one-time events that are not technically treated as relevant in the earnings per share of each financial institution. 
  • So on the way up the firm reports a false profit of $10 billion, sees an increase in its market value of $150 billion, the smart insiders see a substantial amount of that increase realized in their pockets.
  • On the way down, after the bubble bursts destroying yet another Ponzi scheme, they write off a small fraction of the loss, get bailed out by the Federal Reserve, pay off the investors in mortgage backed securities whom they defrauded, and retain most of their profits.
  • The losses here actually came from financial institutions sucking on their own exhaust and getting to the point where they were inventorying these worthless securities on pools of notes and mortgages that were guaranteed to fail. Worthless securities backed by worthless mortgages and notes.
  • THE EFFECT ON THE NATION, AND THE EFFECT ON THE NUMBER OF AMERICANS DIRECTLY AND PROFOUNDLY IMPACTED BY THIS FRAUD EXCEEDS THE REACH OF OSAMA BIN LADEN. THE PATRIOTIC THING TO DO IS TO CHALLENGE THE LENDERS, CHALLENGE THE TRUSTEES, CHALLENGE THE COURTS, CHALLENGE THE SHERIFF, CHALLENGE THE TITLE, CHALLENGE THE NOTE, CHALLENGE THE NOTE, FIRING THE AMMUNITION WE HAVE FROM WHEREEVER WE ARE AND NOT NECESSARILY FOLLOWING THE “RULES” GUERILLA STYLE THE WAY WE DID IN THE REVOLUTIONARY WAR BECAUSE MAKE NO MISTAKE ABOUT IT, IF THE FINANCIAL SERVICES INDUSTRY SUCCEEDS IN LEAVING BORROWERS HOLDING THE BAG, THE COUNTRY WILL BE TAKEN DOWN MORE NOTCHES THAN IT CAN RECOVER FROM.
  • Comment:
    We are in a pretty urgent state right now. Home was foreclosed on in June & have just now received 5 day notice to vacate. Both my husband & I have been out of work recently due to health issues and so we have nothing to put towards moving or a rental. We also have 3 sons at home, one of which is disabled. Unbelieveably, we are actually looking at being out on the streets! We’ve been advised to file a motion to stay the notice to vacate, (based on financial hardship)but don’t have the necessary form to do so. Can they actually show up & kick us out? What will happen to our belongings if this happens? Will someone please contact us right away to give us some much needed advice? Our 5 days is up tomorrow! What kind of time line are we looking at? Thanks for your help, time & attention with this.

ANSWER:
1. URGENCY: THE MYTH OF URGENCY: Take a deep breath. Things ARE moving and if you do nothing, the end will come sooner than later — and the end will be you moving out of a house that you actually still legally own, as a result of a sham foreclosure, with the appearance of judicial authority which the sheriff eventually enforces. There are many, many things you can do to stay in your home long after the sale is completed. WE HAVE READERS WHO HAVE TURNED BACK THE EVICTION AND ARE STILL IN THIER HOMES 4 MONTHS AFTER SALE, AND SOME WHO OVERTURNED THE SALE, AND WALKED AWAY WITH THEIR TITLE FREE AND CLEAR OF THE MORTGAGE.

2. 5 DAY NOTICE: Part of the procedure not the end. They must sue you in unlawful detainer or eviction and they must sue any tenant that was not previously named in unlawful detainer or eviction, although I am not telling you to create a back-dated tenancy to give yourself another 30 days to get your act together.

3. If you file bankruptcy, it is the opinion of many attorneys that the schedules should be filed showing the house as YOUR asset even if the sale has occurred, but without a value stated (unknown). Also the “lender” should be named as an unsecured creditor for an undetermined amount that is in dispute.

This way, the automatic stay is issued by the Federal Bankruptcy Court (immediately upon filing the BKR petition) and which stops sale, eviction or anything else they are pursuing against you. Filing the schedules properly and forcing the creditor into an adversary proceeding changes the game — the normal rubber stamp removal of the stay is avoided and kicked into an evidentiary hearing, where the “lender” or “servicer” must prove their right to foreclose  despite your defenses of payment, fraud, TILA violations etc.

Filed under: CDO, currency, Eviction, foreclosure, GTC | Honor, Mortgage | Tagged: , , , , , , , | 11 Comments »

WINDS OF WAR: Congress’ Lack of Patriotism

Posted on January 19, 2008 by Neil Garfield

Our division of opinion on the Wars in Iraq, Afganistan and secret wars being conducted by our government has become so confused, with the assistance of an extremely lazy and under-resourced media, that real discourse leading to compromise and resolution of the issues has become our greatest challenge. In other words, we are not talking about the real issues. Instead we are talking from ideological mindsets and assumptions that do not permit facts or alternative possibilities to enter into our discussion.

We have lost our way, lost our moral leadership and standing, and are viewed with suspicion and fear around the world. We have a constitution but everybody on all sides of every issue wants to ignore its provisions. Lies about WMD, personal agendas, and ideological crusades are NOT the reason we are in Iraq without clearcut goals and missions. The reason the goalpost keeps moving is NOT the incompetence of the Bush administration. The reason is that we stopped following rules we all swear to when we pledge allegiance to the Flag or swear to protect the United States Constitution.

On War, the constitution is quite clear and nobody contests that. There are arguments that certain provisions are impractical or wrong — just like on issues like abortion, guns, etc.. But just as slavery was contained in our constitution and we all decided that it was wrong, we made sure that the whole concept of slavery and inferior races was prohibited by amending the consitution and taking it out. If you disagree with the constitution there are provisions available for amending it through the political process. In the meanwhile, in a nation of laws, whatever it says IS the law and anyone who suggests ignoring its provisions is attacking the foundation of our republic. Anyone who suggests changing it by amendment is acting as a true patriot whether you agree with him/her or not. Anyone who suggests or acts on ignoring the constitution is guilty of high crimes and misdemeanors.

Bush is not the culprit here. It was congress who ignored the constitution and acted accordingly. The Iraq resolution was a delegation of power to the president to declare war. He committed no act of treason by asking for the power. When Congress delegated that power to the President, they violated the very core, intent and express wording of the consitution, which provides that ONLY Congress may declare war and ONLY congress may vote to fund it to such extent as congress deems necessary. True a President who knowingly accepts powers not authorized by the consitution is acting wrongly,and equally true he shouldn’t have asked for it. But he didn’t actually do it, Congress did.

So now we have a war declared by the President (i.e., unauthorized) with congress voting to fund it (unauthroized because they never declared war in the first place), with virtually no oversight to determine what policies should be funded and what policies should be changed. Instead we are wasting our time blaming each other and pointing fingers at unpatriotic people who either support the war or are against it. It isn’t the people who are unpatriotic, it’s Congress.

Every congressman, every congresswoman, every Senator who voted for the Iraq war resolution committed an act of violence to our republic — not because the war itself was wrong or right but because they were giving the power to decide on the war to the one person the writers of the constitution did NOT want to see holding that power. If we really want to see the president holding the power to make and declare war then the constitution needs to be amended according to its own terms. I for one hope that such an amendment is never introduced or passed. But if it is, then we can expect more disgrace in the eyes of the world not so much for what we do, but for the way we did it.

Filed under: Bush, CORRUPTION, foreign relations, politics | Tagged: , , , , , , | Leave a comment »

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